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Avoiding Car Wrecks Durning Storms

September 28, 2017 by David R. Heil, PA

When Inclement Weather Creates Dangerous Driving Conditions

Heavy rainfall, flooded streets, and torrential winds combine for the infamous combination that makes driving during a storm a life-threateningly dangerous task. An easily distracted or reckless driver may fare just fine on any normal day, but inclement weather requires the utmost in responsible driving. If you are involved in a vehicular accident in a storm, you may require the assistance of an experienced personal injury attorney in Orlando to properly evaluate the negligence of another driver. Poor weather is no excuse because any responsible driver understands the importance of being especially diligent when the roads are foul. Remember the main causes of weather-related accidents to avoid becoming another injured victim in need of an Orlando accident attorney.

Poor Vehicle Maintenance

All car owners have a duty and moral obligation to maintain vehicles that are safe for the road. Low tread on tires, faded headlights, or a damaged windshield are maintenance issues that should properly address. Even engine problems that could potentially cause a vehicle to slip, stall out or veer suddenly can be anticipated and prevented with routine maintenance. A driver that cannot guarantee the safety of his vehicle has no right driving on the road.

Hydroplaning

Hydroplaning occurs when the tire of a moving vehicle slides on a wet surface instead of sticking to the ground. Even a small amount of rain can cause a layer of oil to build upon the surface, creating a slick and dangerous road. An Orlando personal injury attorney will quickly prove the fault of a driver that loses control of his car while hydroplaning.

Safe Driving practices can easily prevent hydroplaning:

Maintain a slower speed
Do not use cruise control on wet roads
Follow other cars at a safe distance
Brakes slowly and carefully, avoid slamming the brakes
Avoid deep puddles
Keep your tires well maintained to ensure grip

Low Visibility

An Orlando accident attorney may stress that the largest safety concern of everyone on the road, including motorcycles, cyclists, and pedestrians, is impaired visibility caused by rain or fog. A driver is challenged to spot potential obstacles in his path when the weather is poor, and passersby are likewise challenged to see the oncoming driver. Additionally, wind can force tree limbs and other debris onto the path of drivers and cause serious damage.

Stay Home If You Can

Whether you are headed to work or the store, bear in mind the inevitable risks of dangerous driving conditions. If your errands can in any way wait until the weather is fairer than by all means let it wait. Do not allow delays in traffic to cause you to become rushed. Remember that it is better to arrive late to your appointments than to injure yourself or another and never arrive there at all. If you or a loved one has been injured in a storm-related accident, you should consider consulting with an Orlando personal injury lawyer to review your claim.

Who is Responsible for Slip and Fall Accidents?

September 22, 2017 by David R. Heil, PA

When Your Fall is Much Worse Than an “Accident”

Falls, particularly from staircases and ledges, are one of the leading causes for hospital visits in the United States. A few scratches and bruises are often the worst symptoms that many of us experience, but some victims of negligence suffer severe consequences. Such people are victims and may require the aid of a qualified Orlando accident attorney because their so-called “accident” is brought on by the negligent behavior of the property owner. A sudden fall can lead to a concussion, spinal injury, ruptured ligaments, or worse.

Whether an accident occurs on commercial, residential, or even government property, a personal injury attorney in Orlando may be able to help determine if the property owner allowed any “dangerous condition” that contributed to an accident. Damaged walkways, poor lighting, and slippery surfaces from spills or weather are only a few common and inexcusable causes of slip and fall injuries.

Determining Responsibility

If you or a loved one is injured in a fall, it is the duty of your personal injury lawyer to determine the responsibility and negligence of the property owner. Three factors are considered in determining culpability:

That the owner either caused or was aware of the risk

For example, property owners are responsible for installing handrails and adequate lighting in places where people are expected to pass. Many fire safety codes will even specify that certain exits be clearly marked and navigable in case of emergency.

That the owner failed to correct the risk

For example, if a bit of flooring becomes damaged and creates a trip hazard, the floor must be promptly repaired and a barrier put up in the meantime to warn passersby.

That sufficient time had passed for the owner to have discovered the risk

For example, if rainy weather causes an entrance to become slippery as customers track water inside the building, such a problem may not be immediately noticeable. However, if wet floors are a recurring problem every time it rains, then enough time has passed for the issue to be safely remedied.

When a victim suffers injuries and damages as the result of such actions, an experienced Orlando personal injury lawyer will demand fair compensation.

Understanding Comparative Negligence

Determining responsibility is a major factor in all personal injury claims because for certain cases you may be deemed partially responsible for your own injuries. Pure comparative negligence law in the state of Florida limits the recovery of personal injury plaintiffs by the exact percentage of which you are negligent. For example, if you are engaging in activities that violate the law or established policies, if the owner was unaware of your presence on the property, or if the hazard could have been easily avoided, then your recovery will reflect that amount of personal negligence. Clearly, you’re being distracted or intoxicated does not alleviate property owners of total culpability, so a knowledgeable Orlando personal injury attorney will be able to create a valid argument of negligence.

Involving an Orlando Accident Attorney

It is the legal and moral duty of home and business owners anywhere to maintain reasonably safe conditions for all who enter. Contact a qualified personal injury attorney in Orlando for any “accidental” fall that leaves you suffering.

Most Common Causes of Brain Injuries

August 28, 2017 by David R. Heil, PA

The Endless Impact of Traumatic Brain Injuries

An estimated 1.4 million Americans every year is diagnosed with Traumatic Brain Injury (TBI). TBI occurs when a sudden blow to the head results in brain dysfunction. The symptoms of TBI are numerous and varied in severity, with some traits passing quickly and others appearing throughout a lifetime.

Common symptoms include:

Impaired speech
Impaired Vision
Nausea and Dizziness
Mood Swings
Anxiety
Behavioral Disorders
Confusion
Memory Lapses

It is important to include an Orlando personal injury attorney in any incident involving severe TBI. TBI can lead to severe depression, emotional instability, and other long term symptoms that are difficult to clearly diagnose. These symptoms can make it all but impossible to return to a life of normalcy even for years following the injury. Sadly, the difficulty in recognizing, documenting, and treating these symptoms leads to many victims of accidents and negligence suffering doubly without proper care.

Falls

An experienced personal injury attorney in Orlando will be knowledgeable about the subject of TBIs because slip and fall related accidents account for nearly half of all Traumatic Brain injuries. Sadly, falls are often a result of negligent behavior from property owners, businesses, and management that fail to take reasonable precautions in everyday situations. Slippery floors that go unkempt, stairs that are unclearly marked or even walkways that are crooked or blocked with obstacles become dangerously prone to the type of preventable “accidents” that produce brain injuries.

Car Accidents

Car accidents are responsible for a third of TBI related deaths. Even a low-speed traffic accident can result in a devastating TBI, especially for small children, pedestrians, and cyclists. Most car accidents are often well documented, but you may require the assistance of an Orlando personal injury lawyer to clearly define the symptoms of your brain injury.

Brain injuries are not always immediately evident. Insurers will often want to settle quickly for injuries before the long term effects can be clearly understood and included in the payment. If you are ever involved in a car accident and suffer any of the symptoms that suggest a concussion, immediately consult with a doctor and an Orlando accident attorney to fully understand the potential impact to your health.

Assault

If you are the victim of an assault, then it is never too soon to consult with a personal injury attorney in Orlando. Even if your attacker may claim that severe injuries were not the intention, any sort of assault on an innocent human being shows a complete lack of regard for a person’s safety. Even worse is when a severe brain injury is the result of such violence. Bruises and bumps will eventually heal, but the repercussions of head trauma can affect you for life.

Other Reasons to Contact an Orlando Accident Attorney

A major portion of TBIs is documented only as “other”, meaning the cause of the injury was unspecified. The most dangerous cause of TBIs involving children often involves being struck accidentally by a blunt object. Fireworks, falling debris, projectiles, and other risks can cause severely catastrophic injuries. Consult with a personal injury attorney in Orlando, if you or a loved one suffers any form of brain injury.

5 Most Common Causes of Medical Malpractice

August 24, 2017 by David R. Heil, PA

Consulting an Orlando Personal Injury Lawyer for Medical Malpractice

Some of the most tragic cases of personal injury involve the dangerously negligent actions of healthcare professionals. While physicians, nurses, and surgeons should be among the most dependable of any service industry, responsible often for our very lives, patients are sadly forced to sometimes suffer preventable errors. Even with the assistance of a qualified personal injury attorney in Orlando, it can be difficult and stressful to receive a fair and fully justified recovery for damages. Medical malpractice suits lead to billions of dollars in recovered damages every year.

These unacceptable errors are the 5 most common causes:

Misdiagnosis

Medical professionals that fail to take the appropriate steps in diagnosis risk continuing treatment that exacerbate symptoms or leave others of treated. While rarer or more complex conditions can be reasonably more difficult to correctly assess, there exists in the industry a “standard of care” of which doctors, qualified staff, and your experienced Orlando accident attorney are well aware. Failure to acknowledge and treat a patient with due and thorough attention is reckless, immoral, and in some cases criminal.

Birthing Errors

Negligent prenatal care is the cause of nearly 1 in every 5 medical malpractice cases. An irresponsible error from staff or doctor can lead to injury of both newborn and mother. Many cases also involve undiagnosed defects and other concerns that can cause lifelong trauma.

Staff Error

Some employees in the medical field work long, extended shifts that can cause fatigue and stress related errors. Poor judgment and failure to follow procedures and properly record information can endanger patients even for simple outpatient procedures. Surgical errors, though often inexcusable, are common for some cases involving an Orlando personal injury lawyer. A surgeon may perform the wrong surgery, treat the wrong site, or even leave instruments still inside the body. For many, these errors require additional surgery, cause extreme discomfort, worse pre-existing symptoms, and can even lead to wrongful death.

Medication Errors

Anesthesia related errors are often considered more dangerous than surgical errors. An incorrect dose of anesthesia or improper monitoring of the patient’s condition can cause severe brain damage. Medical dosage and prescriptions must be done with care and precision, with due attention given to possible combinations or allergies. Sadly, poor communication and lax data entry are common causes of this unfortunate situation.

Infections

According to the Center for Disease Control, 1 in every 20 hospitalized patients will acquire a Healthcare Associated Infection (HAI). The medical staff is trained to obey basic precautions in order to prevent the spread of diseases between sick patients and protect open wounds while being treated. However, when healthcare professionals become negligent in their care, patients are exposed to a variety of dangerous illnesses and bacteria, particularly those with weakened immune systems.

How Will New Legislation Affect My Rights to Claim Personal Injury?

It is important to contact a personal injury attorney in Orlando as early as possible when your health care has been dangerously substandard. Recent legislation enacted to reduce the cost of hefty medical lawsuits has placed 3-year Statute of Limitations for most medical malpractice claims. Also, evidence and clear documentation in regards to your claim will be more readily and convincingly available the sooner you consult with an Orlando personal injury lawyer.

4 Most Common Poolside Dangers

July 17, 2017 by David R. Heil, PA

Is Your Family Safe at the Pool?

One type of case seen by a personal injury attorney in Orlando is an injury or wrongful death caused by a poolside accident. The swimming pool is an excellent opportunity to escape the summer heat, but every year hundreds of families are the victims of tragic accidents. Public and private pools are high risk for these 4 common injuries.

Drowning

Drowning is the leading cause of death for children between the ages of 1 and 4 in the state of Florida, and Florida is ranked among the highest rates of child drownings in the country. Unfortunately, not every pool you visit will require a trained lifeguard on duty, but Florida statutes do require specific safety precautions for all public pools. For instance, appropriate signage and a safety line to mark pools with sloping bottoms are only some of the many requirements.

An experienced Orlando accident attorney will recognize the warning signs of common poolside dangers. It is the responsibility of any property owner to ensure that a pool area is properly maintained and protected, especially for small children that can easily slip and fall into their deaths. Even children that are excellent swimmers need the supervision of a responsible adult. In some cases, clothing and hair can become trapped in the vents at the bottom of a pool, and a child can drown in less than a few minutes.

Diving Board Injuries

A diving board injury occurs when a diver strikes the bottom of the pool, resulting in severe head or neck trauma or often times shoulder or muscle damage from the arms being suddenly forced back. It would seem that any pool fitted with a diving board would be safe for diving, but sadly this is often not the case. A wrongly placed dive in too shallow of a pool will send a diver directly in the slanted incline at the bottom of most pools. You may need an Orlando personal injury lawyer to address the potential lifelong or even fatal results of a diving board that is incorrectly placed.

Falls and Lacerations

The pool, as much as anywhere, is a dangerous place for a fall regardless of your age or swimming ability. A knowledgeable personal injury attorney in Orlando understands that every pool owner is obligated to maintain a safe walking area around the pool, with obstacles clearly marked or free from the walking path. Furthermore, broken glass and debris in or around the pool are a common cause for severe injuries in a place where many patrons are barefoot.

Infections

Public swimming pools are a concern for an Orlando accident attorney as well and the Center for Disease Control, due to the high level of health risks found in poorly treated water. Infectious bacteria such as E. coli (commonly found in feces), norovirus, and Crypto have been repeatedly found in the waters of public pools. These contaminants can cause severe intestinal upset, ear, eye, and throat infections, even chronic respiratory issues. Even the chlorine treatment used to prevent such issues can lead to severe skin and throat irritations if not maintained at the proper levels.

Avoiding Car Wrecks Durning Storms

When Inclement Weather Creates Dangerous Driving Conditions

Poor Vehicle Maintenance

Hydroplaning

Low Visibility

Stay Home If You Can

Who is Responsible for Slip and Fall Accidents?

When Your Fall is Much Worse Than an “Accident”

Determining Responsibility

Understanding Comparative Negligence

Involving an Orlando Accident Attorney

Most Common Causes of Brain Injuries

The Endless Impact of Traumatic Brain Injuries

Common symptoms include:

Falls

Car Accidents

Assault

Other Reasons to Contact an Orlando Accident Attorney

5 Most Common Causes of Medical Malpractice

Consulting an Orlando Personal Injury Lawyer for Medical Malpractice

These unacceptable errors are the 5 most common causes:

Misdiagnosis

Birthing Errors

Staff Error

Medication Errors

Infections

How Will New Legislation Affect My Rights to Claim Personal Injury?

4 Most Common Poolside Dangers

Is Your Family Safe at the Pool?

Drowning

Diving Board Injuries

Falls and Lacerations

Infections

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